SB 501 — An Act amending Titles 42 (Judiciary and Judicial Procedure) and 61 (Prisons and Parole) of the Pennsylvania Consolidated Statutes, in judicial boards and commissions, providing for commission, for composition of commission and for powers and duties of commission, for adoption of guidelines for sentencing, for adoption of guidelines for county intermediate punishment, for adoption of guidelines for State intermediate punishment and for adoption of risk assessment instrument; in judgments and other liens, further providing for personal earnings exempt from process; in sentencing, further providing for sentences for offenses against infant persons, for sentencing generally, for collection of restitution, reparation, fees, costs, fines and penalties, for payments of court costs, restitution and fines, for order of probation, for sentence of partial confinement, for sentence of total confinement, for sentence of county intermediate punishment, for information required upon commitment and subsequent disposition, for modification or revocation of order of probation, for court-imposed sanctions for offenders violating probation, for modification or revocation of county intermediate punishment sentence and for revocation of State intermediate punishment sentence; in county intermediate punishment, further providing for county intermediate punishment programs and for continued eligibility; in motivational boot camp, further providing for definitions, for selection of inmate participants and for motivational boot camp program; in State intermediate punishment, further providing for scope of chapter, for definitions, for referral to State intermediate punishment program, for drug offender treatment program and for reports; in recidivism risk reduction incentive, further providing for definitions, for sentencing, for evaluation and for reports; in miscellaneous provisions, further providing for confidentially of victim information; in Pennsylvania Board of Probation and Parole, further providing for definitions, for general powers of board, for probation services, for parole power, providing for short sentence parole and for reentry supervision, further providing for violation of terms of parole, for parole procedure and for victim statements, testimony and participation in hearing and providing for parolee homicide review; in county probation officers' firearm education and training, further providing for County Probation Officers' Firearm Education and Training Commission and for commission membership; making conforming amendments; and making a related repeal.

(5) Heroin or a mixture containing heroin, if the 20190SB0501PN0692 - 28 - aggregate weight of the compound or mixture containing the 20190SB0501PN0483 - 28 - heroin is 50 grams or greater.

(6) A mixture containing it is 3, 4- <-- methylenedioxyamphetamine (MDA);

<-- WHEN THE AGGREGATE WEIGHT OF THE COMPOUND OR MIXTURE <-- CONTAINING THE SUBSTANCE INVOLVED IS AT LEAST 1,000 TABLETS, CAPSULES, CAPLETS OR OTHER DOSAGE UNITS, OR 300 GRAMS.

(7) FENTENYL OR A MIXTURE CONTAINING FENTENYL, IF THE AGGREGATE WEIGHT OF THE COMPOUND OR MIXTURE CONTAINING THE FENTENYL IS 50 GRAMS OR MORE.

[(3) Would be placed in the custody of the department if not sentenced to State intermediate punishment.] (iii) Is a person sentenced to a term of 20190SB0501PN0692 - 29 - confinement under the jurisdiction of the department, the minimum of which is not more than two years, or a person who is serving a term of confinement, the minimum of which is not more than five years where the person is within two years of completing the person's minimum term.

[(4)] (iv) Provides written consent permitting release of information pertaining to the [defendant's] 20190SB0501PN0483 - 29 - person's participation in [a drug offender] the State drug treatment program.

H (relating to registration of sexual offenders) OR I <-- (RELATING TO CONTINUED REGISTRATION OF SEXUAL OFFENDERS) or a [defendant] person with a current conviction or a prior conviction within the past ten years for [any of the following offenses:

§ 3502 (relating to burglary), in the case of burglary of a structure adapted for overnight accommodation 20190SB0501PN0692 - 30 - in which at the time of the offense any person is present.

§ 9714(g) 20190SB0501PN0483 - 30 - (relating to sentences for second or subsequent offenses).

(1.1)] Duties of commission and sentencing judge.-- (1) Through the use of sentencing guidelines, the commission shall employ the term "eligible person" as defined in this chapter to further identify persons who would be 20190SB0501PN0692 - 31 - potentially appropriate for participation in the State drug treatment program.

The judge shall exclude the person from 20190SB0501PN0483 - 31 - eligibility if the prosecuting attorney opposes eligibility.

20190SB0501PN0692 - 32 - (i) A summary of the offense for which the defendant has been convicted.

(iii) Information relating to the defendant's history of drug or alcohol abuse or addiction, when 20190SB0501PN0483 - 32 - available.

[(2) The department shall conduct risk and other 20190SB0501PN0692 - 33 - assessments it deems appropriate and shall provide a report of its assessments to the court, the defendant, the attorney for the Commonwealth and the commission within 60 days of the court's commitment of the defendant to the custody of the department.] (c) [Proposed drug offender] Placement in the State drug treatment program.--If the department in its discretion believes [a defendant] an eligible person would benefit from [a drug 20190SB0501PN0483 - 33 - offender] the State drug treatment program and placement in the [drug offender treatment] program is appropriate, the department shall [provide] make the placement and notify the court, counsel <-- for the [defendant[,]defendant[,] ELIGIBLE PERSON, THE COMMISSION and the <-- attorney for the Commonwealth [and the commission with a proposed drug offender treatment program detailing the type of treatment proposed] of the placement.

(e) Resentencing.--The department may make a written request to the sentencing court that an offender who is otherwise 20190SB0501PN0692 - 34 - eligible but has not been referred for evaluation or originally sentenced to State intermediate punishment be sentenced to State intermediate punishment.

(3) The court makes the findings set forth under 20190SB0501PN0483 - 34 - subsection (d).

(h) Videoconferencing.--The department shall make videoconferencing facilities available to allow the court to conduct proceedings necessary under this section when the 20190SB0501PN0692 - 35 - eligible offender has been committed to the custody of the department pursuant to subsection (b).

(j) Definitions.--As used in this section, the term "personal injury crime" shall be defined as in section 103 of 20190SB0501PN0483 - 35 - the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act.] § 4105.

20190SB0501PN0692 - 36 - (1) A period in a State correctional institution of not less than seven months.

(ii) Following evaluation under subparagraph (i), not less than four months shall be in an institutional 20190SB0501PN0483 - 36 - therapeutic community.

(5) Upon certification by the department of the participant's successful completion of the program, the entire term of confinement that rendered the participant 20190SB0501PN0692 - 37 - eligible to participate in the State drug treatment program shall be deemed to have been served.

(c) Program management.-- (1) Consistent with the minimum time requirements set forth in subsection (b), the department may transfer, at its discretion, a participant between a State correctional institution, an institutional therapeutic community, a community-based therapeutic community, an outpatient addiction treatment program and an approved transitional 20190SB0501PN0483 - 37 - residence.

(e) Notice to court of completion of program.--When the department determines that a participant has successfully completed the State drug [offender] treatment program, it shall notify the sentencing court, the attorney for the Commonwealth 20190SB0501PN0692 - 38 - and the commission.

An expelled participant shall be housed in a State correctional institution to serve the remainder of the participant's 20190SB0501PN0483 - 38 - sentence.

(1.1) A POLICE OFFICER COMMISSIONED UNDER SECTION 1 OF <-- THE ACT OF MAY 21, 1943 (P.L.469, NO.210), ENTITLED "AN ACT PROVIDING FOR COMMISSIONING AS POLICE OFFICERS CERTAIN EMPLOYES OF INSTITUTIONS MAINTAINED IN WHOLE OR IN PART BY THE COMMONWEALTH;

CONFERRING UPON THEM THE POWERS OF CONSTABLES IN CERTAIN CASES;

AND IMPOSING DUTIES ON WARDENS AND KEEPERS OF JAILS, POLICE STATIONS AND LOCK-UPS," SHALL HAVE THE AUTHORITY TO ISSUE A WARRANT FOR THE RETURN OF A PARTICIPANT WHO IS NOT IN COMPLIANCE WITH THE TERMS OF THE DRUG OFFENDER TREATMENT PROGRAM TO THE CUSTODY OF THE DEPARTMENT.

[The participant shall be housed in a State correctional institution or county jail pending action by the 20190SB0501PN0692 - 39 - court.

[In even-numbered years, the commission shall present a report of its evaluation to the Judiciary Committee of the Senate and the Judiciary Committee of the House of 20190SB0501PN0483 - 39 - Representatives no later than February 1.] The General Assembly <-- shall convene hearings in the appropriate committees to hear and deliberate upon reports under this section.

(3) The number of [offenders] persons sentenced to a State correctional institution who may have been eligible for 20190SB0501PN0692 - 40 - the State drug [offender] treatment program.

* * * "Eligible [offender] person." A defendant or inmate convicted of a criminal offense who will be committed to the 20190SB0501PN0483 - 40 - custody of the department and who meets all of the following eligibility requirements:

(2) Has not been subject to a sentence the calculation of which includes an enhancement for the use of a deadly weapon as defined under law or the sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing or the attorney for the Commonwealth has not demonstrated that the defendant has been found guilty of or was convicted of an 20190SB0501PN0692 - 41 - offense involving a deadly weapon or offense under 18 Pa.C.S.

(4) Has not been found guilty or previously convicted or adjudicated delinquent for violating any of the following provisions or an equivalent offense under the laws of the 20190SB0501PN0483 - 41 - United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation:

20190SB0501PN0692 - 42 - Any offense for which registration is required under 42 Pa.C.S.

H (relating to registration of sexual offenders)offenders). OR I (RELATING TO CONTINUED <-- REGISTRATION OF SEXUAL OFFENDERS).

(a) General rule.--The department, the board and the 20190SB0501PN0483 - 42 - commission shall monitor and evaluate the recidivism risk reduction incentive programs.

(b) Publication.--The department, the board and the commission shall make evaluations conducted under this section 20190SB0501PN0692 - 43 - and underlying data available to the public.

(ii) The number of inmates committed to the custody 20190SB0501PN0483 - 43 - of the department who were subject to a recidivism risk reduction incentive minimum sentence.

20190SB0501PN0692 - 44 - (vi) Any other information the department deems relevant.

(b) Educational plan.-- 20190SB0501PN0483 - 44 - (1) The Pennsylvania Commission on Crime and Delinquency shall publish a report of a proposed educational program plan within one year of the effective date of this section.

(2) The plan shall seek to provide cost-effective 20190SB0501PN0692 - 45 - training or information through electronic means, publications or continuing educational programs that address the following topics:

"Board." The Pennsylvania [Board of Probation and] Parole 20190SB0501PN0483 - 45 - Board.

(a) Establishment.--The Pennsylvania [Board of Probation 20190SB0501PN0692 - 46 - and] Parole Board is an independent administrative board for the administration of the [probation and] parole laws of this Commonwealth.

(c) Terms.-- (1) The term of a member hereafter appointed, except to 20190SB0501PN0483 - 46 - fill a vacancy, shall be for four years and until their successors have been appointed and qualified, but in no event more than 90 days beyond the expiration of their appointed term.

20190SB0501PN0692 - 47 - (3) Vacancies occurring in an office of a member of the advisory committee by expiration of term, death, resignation, removal or for any other reason shall be filled in the manner provided by section 8 of Article IV of the Constitution of Pennsylvania for the remainder of the term.

Sections 6131(a)(3), (4) and (5), 6133(c) and 20190SB0501PN0483 - 47 - (d) and 6137(a)(1) of Title 61 are amended to read:

[(4) To collect, compile and publish statistical and other information relating to probation and parole work in 20190SB0501PN0692 - 48 - all courts and such other information the board may deem of value in probation service.

* * * (c) [Grant-in-aid.-- 20190SB0501PN0483 - 48 - (1) A county that provides additional probation staff for presentence investigations and improved probation supervision and programs shall receive a grant-in-aid from the Commonwealth through the board for additional costs incurred thereby but only to the extent that the additional staff and program meet the qualifications and standards established by the board.

(2) The grant-in-aid shall provide 80% of the personnel salary costs incurred by a county to administer these 20190SB0501PN0692 - 49 - additional services and programs.

§ 2154.5 (relating to adoption of guidelines for parole) or subject to section 6137.1 (relating to short sentence parole) and may release on parole any inmate to whom the power to parole is granted to 20190SB0501PN0483 - 49 - the board by this chapter, except an inmate condemned to death or serving life imprisonment, whenever in its opinion:

20190SB0501PN0692 - 50 - (a) General rule.--This section applies to persons committed to the department with a minimum sentence of confinement under 42 Pa.C.S.

(3) persons committed for or with an aggregate sentence containing an enhancement for the use of a deadly weapon as defined under law or the sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing or where the 20190SB0501PN0483 - 50 - attorney for the Commonwealth has demonstrated that the defendant has been found guilty of or was convicted of an offense involving a deadly weapon or offense under 18 Pa.C.S.

(4) persons committed for or with an aggregate sentence 20190SB0501PN0692 - 51 - containing a violation of any of the following provisions or an equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation:

(5) persons committed for or with an aggregate sentence <-- containing an offense under section 13(a)(14), (30) or (37) of the act of April 14, 1972 (P.L.233, No.64), known as The 20190SB0501PN0483 - 51 - Controlled Substance, Drug, Device and Cosmetic Act, where the sentence was imposed upon a finding of an amount or aggregate weight under 18 Pa.C.S.

DRUG(6) TRAFFICKINGpersons <--awaiting AStrial DEFINEDor INsentencing SECTIONfor 4103additional (RELATINGcriminal TOcharges, DEFINITIONS);if a conviction or sentence on the additional charges would cause the person to become ineligible under this subsection;

(6) persons awaiting trial or sentencing for additional criminal charges, if a conviction or sentence on the additional charges would cause the person to become 20190SB0501PN0692 - 52 - ineligible under this subsection;

(d) Assessment.--The department shall provide a risk-and- 20190SB0501PN0483 - 52 - needs assessment to the board and the board shall establish initial conditions of parole based on the assessment.

(1) No later than two years after the effective date of 20190SB0501PN0692 - 53 - this section.

<-- (1) committing a violation equivalent to an incident that could lead to a conviction under 18 Pa.C.S.

THE VIOLATION:

<-- (1) WAS SEXUAL IN NATURE;

(2) INVOLVED ASSAULTIVE BEHAVIOR OR INCLUDED A CREDIBLE THREAT TO CAUSE BODILY HARM TO ANOTHER;

(3) INVOLVED POSSESSION OR CONTROL OF A WEAPON;

AND (4) INVOLVED ESCAPE OR POSSESSING IMPLEMENTS OF ESCAPE.

* * * (c) Technical violators.-- * * * 20190SB0501PN0483 - 53 - (8) A parolee under the board's supervision who is <-- alleged to have committed a technical parole violation may be 20190SB0501PN0692 - 54 - arrested and detained for a period not to exceed seven days, provided that either the parolee is detained on a 48-hour warrant or the parolee is brought before a hearing examiner within 48 hours to determine if the parolee shall be released or held for the remainder of the seven days or a shorter period.

(8)* (I)* A* PAROLEESection UNDER21. THE BOARD'S SUPERVISION WHO IS <-- ALLEGED TO HAVE COMMITTED A TECHNICAL PAROLE VIOLATION MAY BE ARRESTED AND DETAINED FOR A PERIOD NOT TO EXCEED SEVEN DAYS, PROVIDED THAT EITHER THE PAROLEE IS DETAINED ON A 48-HOUR WARRANT OR THE PAROLEE IS BROUGHT BEFORE A HEARING EXAMINER WITHIN 48 HOURS TO DETERMINE IF THE PAROLEE SHALL BE RELEASED OR HELD FOR THE REMAINDER OF THE SEVEN DAYS OR A SHORTER PERIOD.

THE CHAIRMAN OF THE BOARD SHALL ADOPT PROCEDURES GOVERNING THE APPROPRIATE USE OF BRIEF DETENTION UNDER THIS SECTION SO THAT TECHNICAL VIOLATIONS ENUMERATED UNDER PARAGRAPH (1) ARE NOT RESOLVED WITH BRIEF DETENTION.

(II) THIS PARAGRAPH SHALL NOT APPLY TO PAROLEES IF:

(A) THE VIOLATION WAS SEXUAL IN NATURE;

(B) THE VIOLATION INVOLVED ASSAULTIVE BEHAVIOR;

(C) THE VIOLATION INVOLVED POSSESSION OR CONTROL OF A WEAPON;

(D) THE VIOLATION INVOLVED ESCAPE OR POSSESSING IMPLEMENTS OF ESCAPE;

OR (E) THERE EXISTS AN IDENTIFIABLE THREAT TO PUBLIC SAFETY.

20190SB0501PN0692 - 55 - * * * Section 21.

This requirement does not apply to paroles under section 6137.1 (relating to short sentence parole) or to <-- persons scored as low probability to parole or high probability to parole under parole guidelines adopted under 42 Pa.C.S.

* * * (b) Reliance on reports.--In granting and revoking paroles 20190SB0501PN0483 - 54 - and in discharging from parole, the members of the board acting thereon shall not be required to personally hear or see all the witnesses and evidence submitted to them for their action, but they may act on the report submitted to them by their agents and employees, together with any pertinent and adequate information furnished to them by fellow members of the board or by others.

* * * 20190SB0501PN0692 - 56 - Section 22.

(III)(iii) THEThe AMENDMENTamendment OFof 61 PA.C.S.Pa.C.S.

§§ 4101, 4103, <-- 4104, 4105 AND 4107.

(iii) (IV) The amendment of 61 Pa.C.S.

<-- B heading.

(iv) (V) The amendment of 61 Pa.C.S.

§§ 6101, 6111, <-- 6131(a)(3), (4) and (5) and 6133(c) and (d).

(v) (VI) The repeal of 61 Pa.C.S.

<-- (2) The following shall take effect in 120 days:

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